Nordio gives in to pressure and controversy: adjustments to the Cartabia reform
Reconsider some choices, such as making crimes against property prosecutable in mafia contexts. With the aim of acting ex officio. It is the work that the Ministry of Justice, led by Carlo Nordio, has undertaken to study and elaborate “urgent interventions” also of a regulatory nature, after the signaling of “critical issues” that emerged from the application of the recent Cartabia reform. “The assessments necessary to reconsider some choices to make crimes against property in mafia contexts and other crimes prosecutable are underway – via Arenula announces – and other hypotheses of crime which, due to the context in which they accrue, make urgent precautionary measures indispensable” .
This is a point on which the debate on justice has focused in recent weeks. In particular, in recent days, as part of an ongoing proceeding in Palermo, the prosecutor’s office requested and obtained the ineffectiveness of the precautionary measure ordered for aggravated injuries to three mobsters: no one has left prison, because they are detained for other crimes, but the request of the prosecutors is an effect of the reform on the criminal law, which entered into force – after a 2-month postponement – on 30 December last. For crimes such as injuries, even if aggravated by the mafia method, the law today provides for the complaint of one party, in the absence of which it is not possible to act for that crime. The Cartabia reform has expanded the range of crimes that can only be prosecuted on complaint, which, for various profiles, already existed.
The Ministry of Justice is also evaluating interventions for a “smoother” application of procedural rules, as in the matter of lodging the appeal, to avoid interpretative doubts. “It cannot be forgotten – he points out from via Arenula – that the procedural reforms have been examined by the European Commission, and currently considered suitable for guaranteeing Italy the indispensable resources for the restart, with the consequence that each of their modifications cannot fail to take account of this decisive path”: it will therefore be a question of targeted interventions, of corrective measures – already envisaged within 2 years by the same legislator with the approval of the reform – which will not in any case upset the system of a ‘pillar’ reform of the Pnrr.
There is however some debate. As reported by the Fatto Quotidiano, Forza Italia in particular does not fit. Pierantonio Zanettin, leader of Forza Italia in the Senate Justice Commission, speaks of “judicial populism”. And he declares to Il Fatto Quotidiano: “Europe has clearly told Italy that it can no longer go ahead with processes that last decades and pathological judicial burdens and has therefore put resources within the Pnrr to speed up justice in our country . The road taken with the Cartabia reform is that of deflation”. For this, he adds, it must not be touched.
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